Kane County Board fighting use of public funds to defend coroner

Attorney argues that charges accuse Charles West of official misconduct, so taxpayer money should be used for defense

June 08, 2010|By Clifford Ward, Special to the Tribune

The Kane County Board is taking steps to prevent county funds from being used in the defense of Coroner Charles West against felony misconduct charges, the board chairman said Tuesday.

"Our clear objective is to get the taxpayers out of the middle of this," Chairman Karen McConnaughay said after the board met in closed session to discuss the matter.

West's attorney, Gary Johnson, has said that because the misconduct allegations stemmed from West's official duties, the public should be liable for his legal bills. Johnson has filed a court motion seeking to be appointed a special assistant state's attorney to defend the coroner. West was indicted last month on charges that he took a TV from the home of a dead Carpentersville man and gave the set to two of his employees.

"There's a moral and a legal obligation for the public to pay for Chuck West's defense," Johnson said Tuesday.

But McConnaughay disagrees.

McConnaughay said she had asked State's Attorney John Barsanti in a letter to legally fight West's motion for a public defense. But that created another conflict of interest for the state's attorney's office, which, by law, represents both the board and the coroner.

Barsanti met with the County Board during the executive session Tuesday, but said he was not at liberty to discuss the details.

Because of that conflict, Barsanti has separated himself from direct involvement in the case. He turned the investigation over to a special prosecutor last summer when the allegations against West surfaced. Barsanti said he then informed West that he could not expect legal help from the state's attorney's office on a potential criminal matter.

On Friday, Judge T. Jordan Gallagher agreed with Barsanti's motion that a special counsel from outside the state's attorney's office be appointed by the county to argue against public funding for West. McConnaughay said Tuesday the search is on for an outside counsel to handle the county's argument.

McConnaughay has opposed the county paying for West's defense since the matter came up almost immediately after West's indictment on May 18. She said the majority of residents who ask her about the West case oppose a public defense.

"You get a lot of, 'Well, that doesn't sound right that we, as taxpayers, should be paying for that,'" McConnaughay said.

But Johnson said Tuesday that the law makes provisions for a public defense of West in all matters — both criminal and civil — that arise from his official actions. The grand jury allegations against the coroner all contain language accusing West of misconduct in his official capacity as an elected government official, he noted.

"If the government is going to prosecute Chuck West, then the government should provide a defense too," Johnson said.

McConnaughay on Tuesday reiterated her call for West, who is in his third term, to step down at least temporarily while his criminal case is being decided.

"If he wants to resign, that's OK too," McConnaughay said.

McConnaughay said the full board might at some point formally ask the coroner to step down, though the request would not be legally binding.